New jersey legislature introduces changes to the official misconduct statue

Official misconduct. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey legislature has introduced a change to its official misconduct statute in the spring of 2018. New Jersey Assembly is attempting to update the official misconduct statute requiring public officials who have been convicted of harassment, sexual contact, goodness, or sexual assault, when the…

Read More

Can I get the Affidavit used to get a search warrant of my house?

State vs. Dickenson:  Appellate Division July 5, 2017 Issue:  Can I get the Affidavit used to get a search warrant of my house?  How much discovery is the defendant entitled to at or before the pretrial detention hearing stage? Submitted by New Jersey Criminal Lawyer, Jeffrey Hary. In this case the defendant requested a copy…

Read More

Supreme Court Taking Up Police Searches of Data Troves Known as Cellphones

Resubmitted by New Jersey Criminal Lawyer, Jeffrey Hark Originally published in the New York Times By Adam Liptak APRIL 27, 2014 Photo A phone collected in the George Zimmerman case in Florida. Arguments will be heard this week on whether searches of cellphones require warrants. Credit Gary W. Green/Reuters WASHINGTON — In a major test…

Read More

New Jersey DWI and Aggravated Manslaughter – First Degree Charge

Submitted by New Jersey DWI and Criminal Lawyer, Jeffrey Hark 14-2-3474 State v. Liepe, App. Div. (per curiam) (11 pp.) The serious issue presented in this case is the prosecutor’s decision to charge an individual with aggravated manslaughter, a first degree charge exposing the defendant to a possible jail term between 10-20 years in New…

Read More

A Dragnet at Dewey & LeBoeuf Snares a Minnow

Originally published by the New York Times   “You’ve been indicted,” an assistant Manhattan district attorney, Peirce Moser, told Zachary Warren, a 29-year-old magna cum laude graduate of Georgetown Law School with a prestigious clerkship on the Federal Court of Appeals for the Sixth Circuit in Memphis. “Can you say that again?” a stunned Mr.…

Read More

Requirement to Provide Experts

August 12, 2013 Gordon v. Township of Toms River, Appellate Division A-5139-11T1 Requirement to provide experts Submitted by New Jersey criminal lawyer Jeffrey Hark   August 8, 2013, the Appellate Division affirmed the trial court’s summary judgment against the plaintiff Richard Gordon. On September 27, 2009, Gordon had a few drinks that evening on the Seaside…

Read More

Prior Traffic Convictions and Pre-Trial Intervention (PTI)

State v. Sharp, App. Div.       New Jersey’s Appellate Division recently agreed with a County prosecutor’s office that prior traffic convictions for Driving while Suspended is a correct reason to deny someone from the county’s PTI program.  Mr. Sharp applied for PTI at the county level after he was indicted for driving while suspended after…

Read More

EFFECTIVE CRIMINAL DEFENSE: LEGAL MALPRACTICE

July 16, 2013 State v. Headley, App. Div. A-4256-11T2 EFFECTIVE CRIMINAL DEFENSE LEGAL MALPRACTICE MOTION TO SUPPRESS INCULPATORY STATEMENT WITHOUT MIRANDA WARNINGS SHOULD BE SUPPRESSED!! July 12, 2013, the Appellate Division reversed and remanded the trial court and Law Division conviction of Junior A. Headley for possession of burglary tools. On June 28, 2011, the…

Read More

Domestic Violence Criminal Trial Summary: 14-2-0489 State v. Raimondo, App. Div. Docket No. A-0369-11T3

In State v. Raimondo at the trial level, the defendant was convicted of third-degree terroristic threats, N.J.S.A. 2C:12-3a (count one); fourth-degree possession of an illegal butterfly knife and/or a switchblade, N.J.S.A.2C:39-3e (count two); a fourth-degree certain persons weapons offense, N.J.S.A.2C:39-7a (count three) and petty disorderly persons offense of harassment.  The case arises out of a…

Read More

Denial of Due Process

On February  7, 2013, the New Jersey Appellate Division decided the case State v. Gibson  (Docket No. A-5163-10T2) and found that the municipal court erred by relying on evidence from a suppression hearing during defendant’s trial on the merits. By doing this, the defendant was denied his due process rights. Posted by: New Jersey Criminal…

Read More